Analysis of the CJEU Case Law on the Applicability of a Directive in Horizontal Relations (Between Private Parties) Cover Image

Анализ на практиката на СЕС относно приложимостта на директива в хоризонтални (между частни лица) отношения
Analysis of the CJEU Case Law on the Applicability of a Directive in Horizontal Relations (Between Private Parties)

Author(s): Atanas Semov
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Horizontal Direct Effect; Applicability; Invocability; Horizontal Relations; A Duty of Consistent Interpretation

Summary/Abstract: The CJEU has ruled that the EU directives' rules have no horizontal direct effect. Although the Court of Justice applies a large understanding of applicability of a directive in horizontal relations. Significant importance is to be given to the duty of consistent interpretation of any internal rules in the scope of the directive - nonobstant whether the directive has been correctly transposed or not and whether its rule has any direct effect or not. Thus, the Court of Justice imposes a large understanding of invocability of a directive in horizontal relations to protect the EU rights of individuals.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 5-33
  • Page Count: 29
  • Language: Bulgarian